Change of address while Tier 2 application is being decided

[mccrimmonmv]

Hi all,

I applied for my Tier 2 extension on 27 July and did the biometrics yesterday. My landloard/letting agent has served me notice requiring posession of the property as of 30 September. They are aware that I have applied for a new visa and I've tried to explain that it would greatly help me if I could remain in the property until I have the visa in my hot little hands.
I know that the aveage turnaround time is 8 weeks for standard postal applications which is what I've done, and theoretically I should have my visa by the second to last week of September. If for some reason it takes longer, will I be able to change the address on my application form? I'm aware that people have done this in the past but am unsure of the process and how reliable it is.
Do I have any rights as a tenant to remain in a property until a visa application is decided and documents are returned to me?

Thanks for your time,
M

[CR001]

My landloard/letting agent has served me notice requiring posession of the property as of 30 September.

Is this a Section 21 that has been issued to you?

Is your deposit protected in a scheme within 30 days of being paid and Prescribed Information given to you within 30 days of deposit being paid?

Do I have any rights as a tenant to remain in a property until a visa application is decided and documents are returned to me?

Don't confuse tenant rights to immigration rules/visas. There is no such tenant right 'until a decision is made' for a tenant.

[mccrimmonmv]

It was a section 21, yes. My deposit is held in the deposit protection scheme as well. Ive asked the letting agent if it is possible to stay in the propety until the visa is decided but they're not being clear if it's yes or no. My guess would be no, which is why I'm asking if I can change the address on my application once I've submitted it.
Thanks for your help.

[CR001]

The expiry date of the Section 21 DOES NOT end the tenancy and you can continue to live in the property and pay rent. The landlord has to apply to court for a Possession Order. This process can take a few more months.

My deposit is held in the deposit protection scheme as well.

Was it protected within 30 days of it being paid? Have you received the Prescribed Information within 30 days of it being paid (this is a large whack of documents from the scheme that your landlord has a legal obligation to provide)?

If your tenancy started after 1st October 2015, did you receive the 'How to Rent' booklet, EPC certificate, Gas Safety Certificate??

[mccrimmonmv]

I have been in the property since March 2014 and I have the Tenancy Deposit Scheme certificate amd gas safety certificate for sure. Not sure about the How to Rent booklet, cant seem to find that. I rented it with a friend but I am the lead tenant.

I am concerned about being seen as a nusiance as I will need to rent propety in the future so I would feel very uneasy if I forced them to get a court order of possession. What do you think?

[CR001]

Prescribed Information is much more than just the Deposit protection certificate. It is a document that is about 30 pages long (I think) and lists the terms of the scheme, what to do if there is a dispute etc. If you have not been issued with this, the Section 21 is not valid.

You should have a Gas Safety Cert for each year that you have been in the property.

You are not being a nuisance. A Section 21 DOES NOT end a tenancy agreement, ONLY a court Possession Order can do that. Check it out on Shelter's website and you can also look at the landlordzone forum for advice.

I have been through a Section 21 and Possession Order, so talking from experience.

[mccrimmonmv]

I have checked, I do have the prescribed info for the TSS and it is protected.

I feel very uneasy about simply staying in the property as it would go to court from what I've read, and as an immigrant that kind of activity doesn't look good on the 'ole visa/ ILR application.

Is there a process for changing your addreas after you've applied for a visa?

[CR001]

I feel very uneasy about simply staying in the property as it would go to court from what I've read, and as an immigrant that kind of activity doesn't look good on the 'ole visa/ ILR application.

Rubbish, utter nonsense. It is a civil matter and has no effect on your status and leaves no mark against your name. It is the legal process that the landlord has to follow in terms of the Housing Act.

Is there a process for changing your addreas after you've applied for a visa?

Yes, there is a process. Search for 'change of address HO'. Whether HO updates it in time or not is another matter. Many have updated and missed vital letters from HO. Better to do a mail redirection but not sure who that will help with your BRP delivery.

[Mahir1108]

Is there a process for changing your addreas after you've applied for a visa?

Just go to royal mail and tell them to divert all your mails to the new address. They charge a fee for that and all your mails are diverted on to your new address.

[iworker]

@last message,
the redirection is just for royal mail.. the brp is delivered by a courier service.

[mccrimmonmv]

Right, I've spent the morning on the phone to both Shelter and UKVI. I can stay in the property past the end date of the section 21, but the consequences would potentially be more hassle than getting the address changed on my application.

If I stayed, I would likely be liable for the costs of the landlord getting a court order against me. The process would take a few months but could be expensive. It would also likely affect my ability to rent property in the future as the landlord or letting agent would have the right to say that I didn't leave the property on time.

When I was on the phone to UKVI I was advised that I could fill in the change of address form once I moved into the new property. If for some reason I missed the delivery of the BRP it would be sent back to the Home Office and I could arrange to have it re delivered at no extra cost. I would also arrange for a Royal 'Mail re direction service. I can also phone then up and ask about the status of my application if I had not heard from them within the 8 week time period. I would aim to set this all up several days before my tenancy ends.

All of this is a worst case scenario situation. Hopefully I will have my visa and documents well within this period and I wont have to go through any of this. I have written to my letting agent asking if it would be possible to stay in the property until my documents have been returned to me if worse comes to worse and I will have to see what they say. Hopefully the fact that I have been a good tenant and have lived in the property since 2014 in good faith will sway them in the right direction.

[CR001]

If I stayed, I would likely be liable for the costs of the landlord getting a court order against me. The process would take a few months but could be expensive. It would also likely affect my ability to rent property in the future as the landlord or letting agent would have the right to say that I didn't leave the property on time.

Nonsense, you are drawing your own incorrect conclusions.

Court costs are a couple of hundred pounds, not thousands.

[mccrimmonmv]

Not my own conclusions, that was the advice from Shelter. And a couple hundred pounds is quite a lot at a time when I just shelled out £1264 for the extension application and healthcare surcharge..! Anyway, thank you for the advice and help, I think I know where I have to go from here.